Family Violence Risk Assessment and Risk Management Framework and Practice Guides 1-3

Transcription

1 Family Violence Risk Assessment and Risk Management Framework and Practice Guides 1-3 Version 2 Department of Human Services

2 Family Violence Risk Assessment and Risk Management Framework and Practice Guides 1-3 Edition 2 Department of Human Services

3 B Family violence Risk assessment and risk management framework If you would like to receive this publication in another format, please phone (03) using the National Relay Service if required. This document is also available on the internet at and Published by Victorian Government, Department of Human Services, Melbourne, Australia, April Originally published 2007 Second edition April 2012 Copyright State of Victoria 2012 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act ISBN Printed on sustainable paper by Finsbury Green. April 2012 ( ) Acknowledgement Thank you to the Domestic Violence Prevention Centre Gold Coast for the material provided about the Forms of Family Violence. This information has been adapted and used with permission.

4 Contents 1 Contents Introduction 3 The family violence risk assessment and risk management framework 3 About family violence 3 Terminology 4 Responding to family violence 4 Taking into account the needs of Aboriginal families and communities 4 About the Family Violence Protection Act Understanding the family violence system 7 Entry points to the family violence system 7 Specialist family violence services 8 Justice and statutory bodies 9 Police 9 Courts 9 Victims services 10 Legal services 10 Child Protection 11 Mainstream services 12 Family services 12 Other mainstream services 12 The framework 13 Using the framework 13 Principles underpinning the family violence risk assessment and risk management framework 14 Applying the framework in your professional context 15 Organisational aspects of implementing the framework 16 Component 1: A shared understanding of risk and family violence 18 Approaches to family violence risk assessment 18 What constitutes family violence 19 Forms of family violence 19 Family violence outside the context of intimate, heterosexual relationships 22 Violence perpetrated by an adult in the context of an intimate same-sex relationship 22 Violence perpetrated towards an older person in a family, or family-like, relationship 22 Violence perpetrated by a carer 22 Violence perpetrated by an adolescent against a family member 23 Aboriginal family violence 23 Family violence in CALD communities 23 Violence perpetrated by women 23

5 2 Family violence Risk assessment and risk management framework Ways that family violence can impact on women, children and young people 24 Women 24 Women as mothers (and other caregivers, kin or guardians) 24 Children and young people 24 Factors affecting the likelihood and severity of family violence 26 Factors impacting on victims vulnerability to continued violence 29 Other factors that impact on women s, children s and young people s options and outcomes 30 Children and young people 30 Women in pregnancy and early motherhood 31 Aboriginal and Torres Strait Islander peoples 31 Women and children in culturally and linguistically diverse communities 32 Women in rural communities 34 Women with a disability 35 Older women 37 Women with a mental illness 38 Gay, lesbian, bisexual, transgender and intersex people 39 Responses to men who report or are assessed to be victims of violence in a heterosexual relationship 40 Assessing whether a person is using or in need of protection from family violence 41 Component 2: A standardised approach to assessing risk 42 Component 3: Appropriate referral pathways and information sharing 43 Referring victims 43 Sharing information 46 Component 4: Risk management strategies 50 Component 5: Consistent data collection and analysis 52 Component 6: Quality assurance 53 Practice guide 1: Identifying family violence 55 Practice guide 2: Preliminary assessment 65 Practice guide 3: Comprehensive assessment 79 Scenarios 101 Endnotes 109 References 111 Abbreviations 113

6 Introduction 3 Introduction The family violence risk assessment and risk management framework Increased understanding of family violence and what constitutes an effective response has resulted in important reforms to family violence service delivery. Victoria has been investing in the development of an integrated family violence system (IFVS) since As a result, Victoria now has a whole-of-system approach that places women and children at the centre of the response. Reforms to the system include innovation to the justice system and an integrated approach that incorporates both specialist family violence and mainstream service providers. This manual aims to support a consistent approach for assessing and managing family violence. It consists of three key elements: the framework contextual information necessary to use the framework effectively, and Practice guides 1 to 3. The Family Violence Risk Assessment and Risk Management Framework (often referred to as the common risk assessment framework, or CRAF) is a key element of the IFVS. It was developed in consultation with over 500 stakeholders, including the police, the courts and mainstream and family violence service providers. It has been designed for a range of professionals to use in ways that are appropriate to their role within the system. Since the launch of the framework in 2007, it has been incorporated into the practices and policies of the IFVS and is increasingly used by a diverse range of mainstream providers. This is the second edition of the manual and was revised and updated during About family violence Family violence behaviour that controls or dominates a family member and causes them to fear for their own or another person s safety or wellbeing is a fundamental violation of human rights and is unacceptable in any form, any community, or any culture. Family violence can occur in all kinds of families, and in family relationships extending beyond intimate partners, parents, siblings, and blood relatives. It includes violence perpetrated by older relatives, by younger family members, or against a same-sex partner, or from a carer towards the person they are looking after. Family violence extends beyond physical and sexual violence and often involves emotional or psychological abuse and economic abuse. It can involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time. There is family violence in all areas of society, regardless of victims or perpetrators location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion. However, while anyone can be a victim or perpetrator of family violence, it is most likely to be committed by men against women, children and other vulnerable people. 1 The impacts of violence on women and children can be profound. In some cases family violence ends in death; in others, it can result in physical harm, disability, mental illness or other serious health problems. Family violence can affect many other aspects of wellbeing including housing security, employment prospects and educational achievement. Children are always affected by family violence, even if they do not see or hear it. For example, they may see the injuries or damage to property, or experience an environment of fear.

7 4 Family violence Risk assessment and risk management framework Exposure to family violence may have a serious impact on children s current and future physical, psychological and emotional wellbeing. 2 Terminology While both women and men can be perpetrators and/or victims of family violence, statistics and research overwhelmingly indicate that the majority of incidents are perpetrated by men against women and children. For this reason, the term victims refers to women and children and is gendered female. The term perpetrator is gendered male. In some relationship settings (primarily same-sex relationships), readers might choose to substitute other, more relevant, terms. Children in this document refers to infants, children and young people aged Children must be considered as victims and assessed in their own right Responding to family violence Research shows women make great efforts to prevent, stop and escape their partners use of violence; they also go to considerable lengths to prevent or minimise the impact of the violence on their children. 3 Often, these women and children are supported by friends and family, but they also need immediate and effective responses from police, courts, and mainstream and specialist family violence services. The framework offers a consistent approach for assessing and managing family violence throughout the service system. It helps to ensure that the focus of intervention and support remains on the safety and wellbeing of each individual woman and her children, acknowledging their individual circumstances, needs and resilience. It also ensures that all professionals who identify and respond to family violence do so through a coordinated approach, using consistent standards and language. Adopting and using this framework is an important contribution that services can make to reduce violence against women and their children. Taking into account the needs of Aboriginal families and communities Strong culture, strong peoples, strong families: Towards a safer future for Indigenous families and communities is a community-led initiative by the Victorian Aboriginal community in partnership with the Victorian Government to develop a whole-of-government response to family violence in Aboriginal communities. This ten-year plan was launched in June 2008 and guides joint efforts to prevent and respond to family violence in Aboriginal communities. Data provided to the Victorian Indigenous Family Violence Task Force (the Task Force) in 2003 by Victoria Police indicates that an Aboriginal person in Victoria is eight times more likely to be a victim of family violence than a non- Aboriginal person. 4 Police data gathered during the same period confirms that 2.9 per cent of Victoria s Aboriginal community were victims of family violence, compared with 0.55 per cent of non- Aboriginal people. 5 Additionally, the Task Force identified that Aboriginal children are the subject of substantiated child abuse at more than seven times the rate for non- Aboriginal children. 6 Family violence is the single biggest risk factor for substantiated

8 5 child abuse notifications in Victoria and is present in 64 per cent of cases affecting Aboriginal children. 7 Responses to family violence need to build on the strengths of Aboriginal families and communities and encompass Aboriginal concepts of social, emotional, cultural and spiritual wellbeing. Professionals and organisations need to work in partnership with Aboriginal communities to build their own cultural understanding, and support culturally respectful service provision. This framework aims to provide an introduction to culturally respectful service delivery for Aboriginal families and communities. It should be read alongside the Department of Human Services (DHS)-Victorian Aboriginal Child Care Agency (VACCA) Aboriginal Cultural Competence Framework. About the Family Violence Protection Act 2008 The Victorian Family Violence Protection Act 2008 uses a broad definition of family, covering: a person who is, or has been, the relevant person s spouse or domestic partner a person who has, or has had, an intimate personal relationship with the relevant person a person who is, or has been, a relative of the relevant person a child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis a child of a person who has, or has had, an intimate personal relationship with the relevant person any other person whom the relevant person regards or regarded as being like a family member (for example, a carer). The Act defines family violence as behaviour by a person towards a family member of that person that: is physically or sexually abusive is emotionally or psychologically abusive is economically abusive is threatening is coercive in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person. It also includes behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of behaviour referred to in these ways. Examples of family violence that are referred to in the Act include: assaulting or causing personal injury to a family member, or threatening to do so sexually assaulting a family member or engaging in another form of sexually coercive behaviour, or threatening to engage in such behaviour intentionally damaging a family member s property, or threatening to do so unlawfully depriving a family member of their liberty, or threatening to do so causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed, so as to control, dominate or coerce the family member. These examples are not exhaustive. Behaviour may constitute family violence even if it would not constitute a criminal offence. For further information go to

9 6 Family violence Risk assessment and risk management framework

10 Understanding the family violence system 7 Understanding the family violence system As demonstrated in Figure 1, the integrated family violence system comprises specialist family violence services, legal and statutory services and mainstream services. Entry points to the family violence system There are many different ways that victims and perpetrators of family violence can enter the family violence system: through direct contact with specialist family violence services, including case management, practical support and counselling, peer support, Aboriginal healing services, and behaviour change programs through justice and statutory bodies, including police, courts and correctional services, services for victims of crime, child protection services, and legal services through mainstream services, including education, social/public housing, health care and mental health services, drug and alcohol services, disability services, counselling, and family services. Multiple entry points maximise the chances that people can access the services they need. This relies on a coordinated approach, where professional assess and respond to people in an effective, coherent and consistent way. Figure 1: Entry points to the integrated family violence system Family Violence Services Case management Practical support and counselling Housing Peer support Healing centres/indigenous family violence initiatives Men s Referral Service Key entry Key entry Mainstream Services Education Health care Mental health services Drug and alcohol services Family services Disability services Centrelink Immigration services Justice and Statutory Services Police intervention Court Correctional services Child Protection services Legal services Victims support services Key entry

11 8 Family violence Risk assessment and risk management framework Figure 2: The victim s journey through an integrated service system Entry points Referral pathways Victim Family Violence Services Legal & Statutory Services Common Assessment Outcome Timely response leading to safety Family Violence Services Legal Services Mainstream Services Mainstream Services Specialist family violence services Because specialist family violence services are most likely to have contact with women and children who are victims of family violence at points of crisis, they need to quickly and effectively assess the level of risk to secure the safety of these women and children. Specialist services are also likely to be responsible for ongoing case management for victims of family violence and therefore need to understand the wider service delivery system and the available response options. In addition to providing support directly to clients, specialist services also support and advise other professionals via secondary consultations. The Department of Human Services (DHS) distributes funding for specialist family violence services including: the 24-hour statewide telephone crisis service outreach services local after-hours outreach services case management, including intensive case management responses for women and children crisis accommodation support services linkages to the private rental market Aboriginal services services for women from culturally and linguistically diverse (CALD) communities men s case management counselling and support for women and children a statewide Men s Referral Service men s behaviour change programs Aboriginal family violence services including Healing and Time-out services. The Department of Health has responsibility for the delivery of the Elder Abuse Prevention and Response Guidelines under the Victorian Government s Health Priorities Framework A specialist elder abuse service, Seniors Rights Victoria has been established and funded by the government to provide free advocacy, legal advice, information and support to practitioners and individuals. For further information see

12 9 Justice and statutory bodies Police Since the launch of the Victoria Police Code of Practice for the Investigation of Family Violence (the Code) in August 2004, police have used a risk assessment tool at every incident of family violence they attend. This is primarily used to assess the likelihood of further family violence and as a means of developing an appropriate risk management strategy for each case. The Code provides police with specific guidance and accountabilities for responding to reports of family violence. When responding to family violence, police must take the most appropriate course of action from one or more of the following options: Criminal arresting the offender and laying charges for criminal offences Civil seeking an Intervention Order on behalf of the affected family member(s) Referral facilitating a referral of the victims to a family violence service, and of the perpetrator to a men s family violence service. The Code articulates how police are required to: assess the immediate risks and threats to victims and manage each incident assess the level of future protection required for victims be sensitive to diverse needs and consider factors that may compound the effects of family violence record all incidents of family violence to allow identification of recidivist offenders, monitoring of trends and identification of persons at risk make referrals to family violence services and in certain circumstances notify child protection agencies (if children are involved). Police treat every report of family violence as genuine and respond and act on all reports, regardless of where they have originated. Courts Specialist approaches There are a number of court-based specialist approaches to family violence that exist within the Magistrates Courts of Victoria. These include: the Family Violence Court Division (located in Ballarat and Heidelberg) the Specialist Family Violence Service (located in Melbourne, Frankston and Sunshine with a circuit to Werribee) the Koori Family Violence Court Support Project (a pilot that commenced in Melbourne in May 2011). Applicant support workers are located in courts in the Family Violence Court Division and the Specialist Family Violence Service. An applicant support worker is also allocated at the Victorian Civil and Administrative Tribunal (VCAT), for victims protected by a Family Violence Intervention Order or Family Violence Safety Notice, who are applying for changes to residential tenancy agreements or change of locks. The applicant support workers make safety assessments for victims of family violence and also provide advocacy, referral and linking services. The Family Violence Court Division is empowered to order a respondent to attend an eligibility assessment interview to determine their eligibility to attend the mandated Men s Behaviour Change Program. The court may order a respondent to attend the mandated Men s Behaviour Change Program if satisfied that the respondent is eligible.

13 10 Family violence Risk assessment and risk management framework Eligibility assessment is undertaken by respondent support workers, who also have responsibility for assisting people who are respondents to applications for an intervention order and/or who are charged with a criminal offence arising from or including allegations of family violence. These workers can provide information, support and referrals to external service providers and community agencies where appropriate. Non-specialist courts Every court has a Court Registrar, and when women arrive at court to seek an Intervention Order, this person is usually their first point of contact. Non-specialist Magistrates Courts accommodate family violence matters that come before them in a variety of different ways, depending on resources at each location. Family Violence Resource Officers (Registrars) are located at most court locations. Where possible, the Magistrates Court of Victoria lists family violence hearings on preferred days, to ensure agencies within the community are actively engaged and represented at each location, for the support and benefit of victims. However, some Magistrates Courts do not currently have specialist resources, nor do they always utilise specialist listing practices for family violence matters. Family violence-related issues may arise in other courts, incidental to the substance of those proceedings. Examples include the Children s Court, Victims of Crime Assistance Tribunal (VOCAT), Federal Magistrates Court and the Family Court. For further information go to Victims services The Victims of Crime Helpline is a statewide service that provides victims with information, telephone support and referral to appropriate services. Helpline staff are trained victimsupport professionals who provide prompt and accurate information about the criminal justice system and processes. Interpreting and TTY services are also available. The Helpline is the primary gateway to the Victims Assistance and Counselling Program (VACP), a network of Department of Justicefunded service providers across Victoria that tailors services to the individual needs of victims of crime, including family violence. VACP agencies provide services via a flexible case management model, delivered through a range of practical supports and therapeutic interventions, including counselling. VACP providers are available in metropolitan and regional Victoria. Legal services Lawyers, para-legal advisors and legal services can provide a range of legal assistance to contribute to women s and children s safety and wellbeing. While some women utilise the services of private legal advisors, the following state-funded or community-based legal services provide important support to many women. Community Legal Centres. These often have family violence programs aimed at supporting those who are applying for family violence Intervention Orders by providing legal advice, court representation and other assistance. Usually these services are available at the Magistrates Court to provide immediate legal support, working in conjunction with Victoria Legal Aid and the local Integrated Family Violence Services, with the support and cooperation of the court.

14 11 Victoria Legal Aid (VLA). VLA provides duty lawyers, advice services, and ongoing legal representation to eligible applicants and respondents in Family Violence Protection Act matters in the Magistrates Court of Victoria, and to clients experiencing family violence in the Commonwealth Family Law Courts. VLA provides Family Dispute Resolution services to people experiencing family violence, through a specialist Roundtable Dispute Management service, which incorporates family violence risk assessment procedures. In cases involving Child Protection, legal advice is available, as is a once-off free duty lawyer for each of the parties on their first day of court. Ongoing representation can be provided to eligible respondents and applicants with matters in the Family Violence lists of the Melbourne and Moorabbin Children s Court and at country sittings of the Children s Court serviced by a VLA office or VLA-funded practitioners. Women s Legal Service Victoria (WLSV). WLSV is a statewide not-for-profit organisation providing free and confidential legal information, advice, referral and representation to women in Victoria. WLSV specialises in issues arising from relationship breakdown and violence against women. In addition to delivering services to women, WLSV develops and implements preventative family violence programs and influences the development of legal policy and law reform. WLSV also provides education, training and professional development on the law and related areas. Victorian Aboriginal Legal Service (VALS). VALS provides legal and legal-related services to Aboriginal and Torres Strait Islander peoples. This includes providing referrals, advice and information, duty work or case work assistance, and information regarding Intervention Orders and acting in the event of a breach of an Intervention Order. VALS has solicitors specialising in criminal, family and civil law. The Aboriginal Family Violence Prevention and Legal Service (AFVPLS). This service addresses family violence in Aboriginal communities, provides assistance to victims of family violence and sexual assault, and works with families and communities affected by violence. AFVPLS provides free legal advice, court support and ongoing casework, free counselling, support, information and referrals to specialist services. It also works with local community groups and organisations to develop awareness and preventative initiatives. Seniors Rights Victoria (SRV). Seniors Rights Victoria is the primary governmentfunded specialist elder abuse service, established to assist with elder abuse concerns and to safeguard the rights, dignity and independence of older Victorians. The statewide service provides a free and confidential telephone information, support and referral helpline, a specialist legal and advocacy service, advocacy for individuals, and community education. Child Protection The Best Interests Principles of the Children, Youth and Families Act 2005 is the legislative basis for services provided to children, young people and families. All interventions with children and families across the child and family services sector (which includes Child Protection, Out-of-Home care and Family Services) are guided by the Best Interests framework for vulnerable children and youth. This framework facilitates a shared understanding, a common language and a consistent approach to assessment, planning and action. The Best Interests case practice model supports consistent application of the framework across the child and family services sector including Child Protection, and incorporates assessment, planning and

15 12 Family violence Risk assessment and risk management framework casework. It is used to assess the likelihood of harm occurring to children and young people by detailing both the characteristics of the child or young person and their parents, and the nature of the incident or abuse. Maternal and child health nurses, general practitioners and teachers are mandated to notify Child Protection of any suspected or actual abuse or neglect of a child or young person. All people have a duty of care to report to Child Protection if they believe a child or young person has suffered or is likely to suffer significant harm and their parent is unwilling or unable to protect them from harm. For further information go to Practice Guides 1 to 3 of this manual provide prompts and issues for assessing risk to children. Mainstream services Family services The Family Services Strategic Framework describes an approach to responding to vulnerable and at-risk children, young people and their families that includes the delivery of a network of coordinated community-based services. These networks have the capacity to assess the needs of children and young people to determine an appropriate service response, work with hard-to-engage families, and focus on working with parents to address children s needs. The framework is consistent with the Child Wellbeing and Safety Act 2005 and the Children, Youth and Families Act For further information go to gov.au/about-the-department/documentsand-resources/policies-guidelines-andlegislation/legal-and-policy Child FIRST (Child and Family Information, Referral and Support Teams) are established in 24 sub-regional catchments across Victoria. The primary purpose of Child FIRST is to help vulnerable children, young people and their families link effectively into relevant services. Child FIRST provides an identifiable entry point into family services to achieve improvements in prioritising, assessing, referring and providing services for vulnerable children, young people and families. Child and Family Services Alliances consist of Child FIRST and family service providers, DHS regional child protection, DHS regional family services, and where capacity exists, an Aboriginal community controlled family service organisation. At the sub regional level the alliances undertake catchment planning, provide operational management and coordinate service delivery. Other mainstream services Given the prevalence of family violence in our community, a wide range of other professionals are likely to come into direct contact with victims. These professionals have a role in identifying the presence of family violence and refering appropriately in accordance with this framework.